8.19 is pn page 41 of the CC&R’s
Section 8.19 of the CC&Rs reads in full as follows: “Subject to the provisions of Article IX hereof [the Architectural Control Article of the CC&R’s], no vegetation, Improvement, or other obstruction shall be planted, constructed, or maintained on any Lot or Condominium in such location or of such height as to obstruct the view from any other Lot or Condominium. Each Owner of a Lot or Condominium shall be responsible for periodic trimming or pruning of all hedges, shrubs and trees located on his Lot or Condominium, so as not to obstruct the view of adjacent Owners.”
Notice that view is not defined. Is an ocean view more important than a canyon view for example. Some homeowners have a view that they obstruct by their own vegetation.
Adjacent is not defined. Is it your next-door neighbor or can an adjacent be a neighbor 2 streets up the hill and off to the side?
The HOA has tried to deal with 8.19 by the 2002 and 2012 obstruction policies. It really is a shame that the HOA apparently did not contact the many Taylor Woodrow executives including the CEO who purchased homes in Beacon Hill for clarification. What was the original intent of 8.19?
Since so many palm trees that obstruct views were planted at the beginning, maybe 8.19 should not be interpreted as strictly as the HOA does from time to time.
ALL MEMBERS ARE CREATED EQUAL, SOME ARE MORE EQUAL THAN OTHERS.
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